Legal Writing Tutorial

The need for the use of the cultured norm not Examination of Order is a recurring question of our students.

Good writing takes into account basically a theme: content, structure, and expression.

There is no content that demonstrates knowledge of the document you are giving. No Exam of Order that reveals the domain of the matter chosen. This is the main evaluation aspect of his discursive texts.

In the structure part, the examination should demonstrate an ideal organizational capacity throughout the text. In the Examination of Order, you must demonstrate the technical mastery of the procedural piece and an organization of the ideas in the essay, both of the piece and of the discursive questions. As this is a technical proof, you should develop a technical legal language, such as cable by the lawyer.

In the part of speech the use of the cultured norm is discussed, that passes not only by the writing without orthographic and grammatical errors, but opens a coherent, cohesive, without vices of language.

Maybe, you would be asking:

Will I be assessed in my test for content, structure, and expression?

Let’s do it by steps!

A review of CONTENT requires no further comments! It is clear that the examiner expects you to demonstrate the theoretical knowledge – of material law and procedural law – of the area chosen for a second phase.

In relation to the STRUCTURE, you must master the procedural technique of the piece, know how to structure it correctly, with direction, qualification of the parts, presentation of the materials, fundamentals, and requests.

In addition, both in the procedural piece and in the discursive issues, you must employ a proper legal language. We have numerous legal terms that are employed on a daily basis and are often incorrect.

No comments for details, let’s cite an example. You may have heard an expression “land tenants,” no? It is a common term within a company that refers to the FGTS deposits that the employer must make in the employee’s tied account, a security interest in eventual involuntary unemployment. Well, an expression is technically incorrect! “Fundiário” is an adjective referring to a land, is an expression used in Agrarian Law! It is not related to deposits to the Employee Guarantee Fund. Therefore, when you, future lawyer, refer to this amount, you must apply for “deposits due to FGTS title” and not “land deposits”!

This will be one of the items they deal with in our article! We have gathered together a number of legal expressions, used daily in the environment, and analyzed one by one. With a reading of this material, you need security to properly refer to technical terms that provide a quality leap in writing!

Finally, in relation to EXPRESSION, although the edict of Examination of Order does not directly predict the penalty of the examination for the misuse of the Portuguese language, indirectly and lead to the loss of points. We explain.

If you can not do this, it will not be evaluated correctly. A text with grammatical and spelling errors is hampered by the difficulty of understanding and even by the poor impression that will pass to the Examiner.

Not enough, an essay writing the OAB is technical. The examiner should write “like a lawyer”. That is, it must master the technical terms of legal language. A text that sins for lack of legal technique and harms not only an understanding but also an evaluation of content.

In this context, attention to writing is fully justified. As this is a neglected theme in the OAB walk, an OAB Strategy team brings two full articles.

In this first article, they bring rules of a structural character, such as handwriting guidelines, writing technique, language vices, cohesion and coherence, and reference to normative texts.

In a second moment, another article will be made available with a view to dealing with legal language. Let’s address a part of the structure! We will see some terms and technical expressions and how we should use them in our Examination of Order.